§ 31-37-11-8 — Prosecuting attorney's motion for continuance because of absence of witness

Indiana § 31-37-11-8

• Jurisdiction: Indiana
• Art. 37: JUVENILE LAW: DELINQUENCY
• Ch. 11: Time Limits for Petitions; Motions for Continuance

Text

(a) If a child moves for discharge, the
prosecuting attorney may move for a continuance of the factfinding
hearing or waiver hearing because of the absence of a witness if the
prosecuting attorney makes an official statement:
(1) setting forth the name and address of the witness if known;
(2) indicating the probability of procuring the witness's testimony
within a reasonable time;
(3) showing that the absence of the witness has not been procured
by the act of the prosecuting attorney;
(4) stating the facts to which the prosecuting attorney believes the
witness will testify and the prosecuting attorney's belief that the
facts are true; and
(5) stating that the prosecuting attorney is unable to prove the
facts specified under subdivision (4) through the use of any other
witness whose testimony may be as readily procured.
(b) Upon the child's request, the court shall order that the
prosecuting attorney's motion and official statement be made in writing.
[Pre-1997 Recodification Citation: 31-6-7-6(h).]

Legislative History

As added by P.L.1-1997, SEC.20.